A man who had admitted importing $1.7 million worth of cocaine, heroin and ecstasy was yesterday given a two year probation order.

Anthony Quinton Beach, 40, of Aerial View Road, Devonshire pleaded guilty last November to importing $1.7 million worth of cocaine, heroin and ecstasy to the Island on March 8 of last year.

But during the sentencing hearing yesterday it was agreed that Beach could not be sentenced for importing the entire amount of the drugs due to a change in the Island's drugs laws.

The drugs had been destined to come onto the Island in golf bags but were intercepted by United States DEA agents in New York who substituted them for a small amount of cocaine in a sting operation.

Lawyer Larry Mussenden argued that Beach could only be sentenced for the drugs that arrived on the Island, despite the fact that he had pleaded guilty to importing the three drugs.

"He never imported into this Country the huge amount of drugs... only the control samples and you will see that it was the DEA agents who brought the drugs into Bermuda," he said.

"Basically what it comes down to is it was the DEA agents who imported the bulk of the drugs into Bermuda."

The sentencing turned on new developments in the law since Mr. Beach's conviction which meant that sentencing could only be based according to what was in the controlled delivery.

For the prosecution, Cindy Clarke said that Mr. Beach's guilty pleas before the law changes meant that he was accepting responsibility for the entire haul.

Assistant Justice Charles-Etta Simmons, however, agreed with Mr. Mussenden that he should be sentenced according to the current law.

"It doesn't take a rocket scientist to figure out that if the DEA brings a package of drugs into the States then that should be the end of the matter," Mr. Mussenden said.

"If they decide to bring it into Bermuda they should be the ones to be charged."

Assistant Justice Simmons dismissed Ms Clarke's contention that Beach had caused the drugs to be brought in.

"How does he cause it to be brought in if the police officer brings it in?" she asked.

"It falls down to intent and by Mr. Beach's own words he was expecting a lot more than the sample," Ms Clarke responded.

Mrs. Clarke then pointed out that Beach could not be sentenced in respect to heroin and ecstasy importation because the controlled delivery did not include those drugs.

Effectively, said Ms Clarke, Beach had entered guilty pleas "for things that don't exist" making the pleas a "nullity as far as heroin and ecstasy are concerned".

The judge then proceeded to sentence Beach for importation of the controlled samples which contained 6.95 grams of cocaine, saying the other charges would have to be left on file to be dealt with as the Department of Public Prosecutions felt appropriate.

"It's a case of the incredible shrinking indictment," she said.

Beach had been originally charged with 20 counts. They were later reduced to 18 charges of importation, handling and possession of heroin and various forms of cocaine and cannabis. In the end he pleaded guilty to importation of cocaine, heroin and ecstasy.

Mr. Mussenden, summarising some of the findings of reports from Probation Services and the Bermuda Assessment and Referral Centre, said his client had been struggling to be a model father to his five children but was "shackled by the handcuffs of addiction".

"Both reports indicate that Mr. Beach is cognisant of a problem and has an awareness of the dangers and harms associated with addiction."

He noted, too, that he had managed to kick a crack cocaine addiction and still had to deal with heroin. The reports, he continued, had recommended probation and treatment.

"This case started out with multiple counts of importation of controlled drugs," Ms Justice Simmons told Beach.

"By the technicalities arising from changes in the law you will be sentenced to one count only - the importation of a small amount of cocaine."

In addition to two years probation, he was sentenced to 18 months in prison already served. As part of the probation order, he must complete a course of education which would prepare him for his GED, spend six months in a residential drug treatment programme and a 6 p.m. to 6 a.m. curfew for six months after that. And he is not to consume drugs or alcohol.

Before sentencing Beach apologised to his children for causing them "pain and suffering" and said he was throwing himself on the mercy of the court and promised to make an effort to be a productive citizen.

"I also want to assure, not just my kids but this court that I would never go back to living so foolishly again. ... I am willing to do what it takes to beat this addiction."